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Medicine: 'reasonable' does not mean 'mainstream' (Max Mehlman, JD)
ATTN: American Academy of Spine Physicians/AASP (neurosurgeons and chiropractic physicians)... "It is...important to realize that 'reasonable' does not mean 'mainstream.'" --Maxwell J. Mehlman, JD, Cyberounds® (www.cyberounds.com) OPEN LETTER (archived for global access***) Maxwell J. Mehlman, JD Professor of Law Co-Moderator Health Law and Bioethics Cyberounds® (www.cyberounds.com) Attorney Max, I read your Cyberounds® article, "Legal and Ethical Challenges in Clinical Use of Complementary and Alternative Medicine [CAM]." http://www.cyberounds.com/conferences/health_law/ (Someone posted the whole thing to the Zaleski/Dubin censored chirolist.) I was pleased to see that deep in your article you indicate - in effect - that... MAINSTREAM MEDICINE is Complementary and Alternative Medicine (CAM). BRAVO! Bravo also for indicating that NEGLIGENCE PER SE -- OVERWHELMING RISK OF LIABILITY, as in, "Clearly the fact that the intervention lacks scientific evidence of safety and efficacy does not make its use negligent per se. If that were the case, providers of mainstream care themselves would face an overwhelming risk of liability, since many of their interventions have never been tested under adequate and well-controlled conditions." NEGLIGENCE PER SE MD-obstetrician interventions (American medicine's most frequent surgical behaviors) ARE negligence per se!! MD-obstetricians provide massive amounts of OBVIOUSLY CRIMINAL "mainstream care" that is obviously criminal Complementary and Alternative Medicine (CAM). MD-obstetricians are CLOSING BIRTH CANALS - senselessly! As I noted in a recent Open Letter to Wang et al. (reproduced below): The American College of Obstetricians and Gynecologists/ACOG *admits* in its shoulder dystocia video that OBs are routinely closing birth canals (the video purports to show OBs how to open the birth canal when shoulders get stuck). Bizzarely, the ACOG method for opening the birth canal - PROPER McRoberts maneuver - actually keeps the birth canal closed. See IMPROPER McRoberts can save tiny lives and tiny limbs... http://groups.yahoo.com/group/chiro-list/message/1308 PLEASE NOTE MAX: I do mean MDs are CLOSING birth canals. To a baby whose shoulders are stuck, the birth canal is indeed CLOSED - and MDs aren't helping by KEEPING birth canals closed when shoulders get stuck! NOTE TOO: "It is established obstetric teaching that a narrow pelvic outlet predisposes to a difficult vaginal delivery..." --Ass-Ärztin Dr. Andrea Froschauer-Frudinger et al. [Br J Obstet Gynaecol 2002;109(11):1207-12] You write: "...the first question is whether the individual is practicing medicine without a license; if so, he or she could be subject to criminal prosecution." MD-obstetricians are practicing medicine WITH licenses. They should IMMEDIATELY be subject to criminal prosecution - the sooner the better as babies' lives are at stake. NOTE: To speed an end to obvious MD birth crimes, I am in favor of pardons in advance for MDs. MDs are just academic prime cuts forced through this culture's most powerful mental meatgrinder - medical school. I have suggested that Pres. GW Bush's Practicing Physicians Advisory Committee advise Pres. Bush to pardon MDs in advance. See Feds (Motsiopoulos/CMS/PPAC/Pres Bush) to help babies? http://groups.yahoo.com/group/chiro-list/message/2178 LIABILITY: THE REASONABLE PATIENT STANDARD FOR CAM PRACTITIONERS... Max, you write that, "A competent patient...must be adequately informed about the risks and benefits of CAM and...available, reasonable alternatives....the prevailing standard is that the patient must be given the information that a reasonable patient would need, which the fact-finder must determine without the aid of expert testimony." OBVIOUSLY... Since "reasonable patients" would conclude that MD-obstetricians are criminal practitioners of CAM whose interventions are negligence per se... Before anymore crime occurs, each "reasonable patient" (each pregnant woman) needs to know that MD-obstetricians are CAM practitioners who NEGLIGENTLY/routinely close birth canals. Before anymore crime occurs, each "reasonable patient" (each pregnant woman) needs to know that MD-obstetrician EXPERTS are "scientifically" COVERING-UP-up the obvious crime with overt lies and covert lies - i.e. - obviously bogus "scientific" research. BOGUS "SCIENTIFIC" RESEARCH BY MD-OBSTETRICIANS... You praise organized medicine for turning to science, as in your statement: "Hence the call for more 'evidence-based medicine." Please always to mention obviously bogus "scientific" research of MD-obstetricians whenever you praise organized medicine for being "evidence-based." MD-obstetrician "evidence-based medicine" is a funny thing... Two TOP "evidence-based medicine" proponents - Iain Chalmers and Murray Enkin - both trained as obstetricians - IGNORED me when I pointed out that MD-obstetricians have been drawing conclusions by stupidly "scientifically" studying deliveries with birth canals senselessly closed. IN THIS REGARD... Not long ago, MD-obstetricians "scientifically" determined that all term breech babies should be taken surgically (abdominally) - after stupidly "scientifically" studying deliveries with birth canals seneslessly closed! MD-obstetricians have CLOAKED themselves in "science" - cloaked themselves in PHONY "evidence-based medicine" - mothers and babies be damned. MD-obstetricians have not been held LIABLE (yet) for their obvious criminally negligent behavior in part because of organized medicine's "everyone ELSE is a quack" game now transmogrified into a "nicer" version of the same game - the "everyone else is a **CAM practitioner**" game. Max, you are helping organized medicine play this grisly game. Please STOP helping organized medicine play this grisly game. MDs are CRIMINAL CAM practitioners hiding behind the REASONABLE PRACTIONER liability standard, as in your statement: "[L]iability will depend on whether [the MD] has behaved the way a reasonable practitioner would behave under the same circumstances." This is the crookedly inertial "community norm" standard of determining whether medical negligence has occurred. Richard Ikeda, MD of the California Medical Board once AGREED with me that MD-obstetricians are closing birth canals but said there was nothing the Calif. Medical Board could do about it - because ALL MD-obstetricians were closing birth canals! Max, MD-obstetricians - MAJOR practitioners of CAM - obviously CRIMINAL CAM practioners - can only be held liable when mucky-muck attorneys like yourself stop helping them cover-up their massive crimes with organized medicine's "everyone ELSE is a quack" game. It is "nice" that the game has now been transmogrified into a "nicer" "everyone else is a **CAM practitioner**" version... But not really... In "nicely" sliming my profession of chiropractic - you failed to mention NON-SPINAL chiropractic adjusting (education). What follows is further non-spinal chiropractic adjusting... My goal is for this non-spinal chiropractic adjusting to save tiny lives and and tiny limbs and PREVENT more putative vertebral subluxations than chiropractic physicians will ever be able to adjust by hand. Onward... Yale Medical School researchers (Wang et al.) - mentioned above - recently wrote: "[23% of] surgical patients...use[d]...chiropractic treatment..." --Shu-Ming Wang, MD, Alison A. Caldwell-Andrews, PhD, and Zeev N. Kain, MD [Anesth Analg. 2003 Oct;97(4):1010-5. PubMed abstract] I responded: OPEN LETTER (archived for global access***) Shu-Ming Wang, MD Alison A. Caldwell-Andrews, PhD Zeev N. Kain, MD Departments of Anesthesiology, Pediatrics, and. Child Psychiatry Yale University School of Medicine New Haven, Connecticut. Dear Shu-Ming, Alison and Zeev, I see you are discussing chiropractic treatment and surgical patients. Great! Don't forget: NON-SPINAL (educational) chiropractic treatment can PREVENT American medicine's most frequent surgical behaviors. American medicine's most frequent surgical behaviors are rather obvious CRIMES... American medicine's most frequent surgical behavior toward males involves American MDs obviously illegally slic[ing] infant PENISES... See Johns Hopkins breast/vagina/penis power! (How America can INSTANTLY save $200 million per year...) http://groups.yahoo.com/group/chiro-list/message/2108 American medicine's most frequent surgical behavior toward females involves American MDs obviously illegally slash[ing] VAGINAS en masse (euphemism "routine episiotomy")... Why is mass vagina slashing by MDs obviously illegal? There is an underlying more gruesome crime... American MDs are surgically/FRAUDULENTLY inferring they are doing everything possible to OPEN birth canals - even as they CLOSE birth canals up to 30%. See VULVA vs. VAGINA (episiotomy anatomy - again) http://groups.yahoo.com/group/chiro-list/message/2085 Yes I do mean MDs are CLOSING birth canals... To breech baby with a trapped after-coming head - to a baby with her/his shoulders stuck - the birth canal is indeed CLOSED. Incredibly, MDs recently studied breech births with birth canals senselessly closed and thereby "scientifically" determined that singleton breech presentations should be taken surgically. See Hannah et al.'s term breech tomfoolery/Gherman et al.'s fetal radiation fraud http://groups.yahoo.com/group/chiro-list/message/1306 The American College of Obstetricians and Gynecologists/ACOG *admits* in its shoulder dystocia video that OBs are routinely closing birth canals (the video purports to show OBs how to open the birth canal when shoulders get stuck). Bizzarely, the ACOG method for opening the birth canal - PROPER McRoberts maneuver - actually keeps the birth canal closed. See IMPROPER McRoberts can save tiny lives and tiny limbs... http://groups.yahoo.com/group/chiro-list/message/1308 "It is established obstetric teaching that a narrow pelvic outlet predisposes to a difficult vaginal delivery..." --Ass-Ärztin Dr. Andrea Froschauer-Frudinger et al. [Br J Obstet Gynaecol 2002;109(11):1207-12] UNNECESSARY C-SECTIONS... American MDs senselessly closing birth canals CAUSE cephalopelvic disproportion and failure to progress - then perform cesearean sections BEcause of cephalopelvic disproportion and failure to progress... UNNECESSARY FORCEPS & VACUUM USE... Some babies are dying... OBs are killing an estimated six babies per DAY with vacuum-assisted spinal manipulation alone - with birth canals senselessly closed up to 30%... See USUAL MECHANISM (PS5) in my article, "Pregnant chiro patients: BIZARRE chiro legislation - babies be damned..." http://groups.yahoo.com/group/chiro-list/message/2135 UNNECESSARY EPIDURAL AND OXYTOCIN/CYTOTEC USE... With birth canals senselessly closed, MDs are forcing uteri to PUSH on babies' spines. In many births, MDs force uteri to push VIOLENTLY - with oxytocin and/or Cytotec - with birth canals senselessly closed up to 30%. Women BEG for epidurals. (Don't get me wrong - I am NOT saying here that medical and surgical birth interventions are not necessary - just that it makes NO sense to close the birth canal and then offer medical and surgical interventions.) END excerpt of Gastaldo's Open Letter to Wang et al. BACK TO MAX... You ask at the end of your essay: Q. Does a physician have to inform a patient about CAM? http://www.cyberounds.com/conferences/health_law/ YES!!! MD-obstetricians (and mucky-muck attorneys) must inform patients that: 1) MD-obstetricians are CAM practitioners who NEGLIGENTLY/routinely close birth canals and that 2) MD-obstetrician experts are "scientifically" COVERING-UP the obstetric crime with overt lies and covert lies - i.e. - obviously bogus "scientific" research. MAX: Your use of the word physician helps MDs in their pretense that their quackery is special - something that deserves protection... Your use of the word physician helps MDs in their attempt to dominate the power word "physician" in order to continue their anti-scientific, anti-competitive domination of health care. "Physic"ians no longer believe their own theory of autointoxication via the bowel - the reason for their "physic"... Physician is just a word now - a POWER word that is being grossly abused to perpetuate crime. See A 'physic' for Dr. Israeli/'Physic'ian Orac, MD, PhD: Did he get his PhD out of a cereal box? http://groups.yahoo.com/group/chiro-list/message/2158 (I am pleased that some neurosurgeons are acknowledging chiropractic physicians by joining the American Academy of Spine Physicians/AASP.) Finally Max, I note from your bio that you write and lecture on BIOETHICS including "the just allocation of resources" and "the quality of medical care." http://www.cyberounds.com/moderators/health_law/ BILLIONS in resources are *illegitimately* being allocated solely to MD/DO criminals whose "quality of medical care" SUCKS. See Awesome breasts! OBs causing otitis media? (also: 'Osteopathic' v. 'Chiropractic' manipulation)... http://groups.yahoo.com/group/chiro-list/message/2159 Some babies are dying Max... OBs are killing an estimated six babies per DAY with vacuum-assisted spinal manipulation alone - with birth canals senselessly closed up to 30%... See USUAL MECHANISM (PS5) in my article, "Pregnant chiro patients: BIZARRE chiro legislation - babies be damned..." http://groups.yahoo.com/group/chiro-list/message/2135 Please help stop MDs from closing birth canals and gruesomely (sometimes fatally) manipulating most babies' spines... Thanks for reading, Sincerely, Todd Dr. Gastaldo Copied to: Harry Levy, MD Executive Editor Cyberounds® (www.cyberounds.com) Bio Harry Levy, M.D. is the Executive Editor for Cyberounds®. A graduate of Columbia, Harry received his M.D. from NYU, his M.P.H. from Yale and is board certified in preventive medicine. He is also the author of medical thrillers, his latest, Chain of Custody, was published in 1998 by Random House. PS1 Harry, wow, you are BOARD CERTIFIED in preventive medicine! BRAVO! ALL chiropractic physicians are ASSUMED to be board certified in preventive chiropractic - or so I say... Be advised Harry: Your profession's banner preventive measure - vaccination - is being FRAUDULENTLY PROMOTED - via the Exclusion Day financial vaccination cattleprod. Your profession has got to stop telling parents seeking vaccination exemptions that only THEIR healthy children will be sent home during disease outbreaks. Since some vaccinations do not immunize - and we do not know which children were not immunized by their vaccinations - ALL parents must be told that ALL children will be sent home during disease outbreaks. Exclusion Day vaccination fraud endangers vaccinated children! Exclusion Day is not the only preventive/immunization-related fraud your profession is perpetrating. There is also the matter of ostensibly "pro-immunization" MDs lying by omission to DENY massive numbers of babies massive numbers of free daily immunizations. MDs are failing to tell America that breastfeeding women scan for pathogens and manufacture IMMUNIZATIONS which they "inject" with their breasts daily. The kicker: Breastimmunizations reportedly make MD-needle vaccinations work better! ASK YOURSELF HARRY: What woman - explicitly informed that she can IMMUNIZE her baby daily - is going to fail to at least attempt to breastfeed - esp. given that breastimmunizations reportedly make MD-needle vaccinations work better? Damned few! The medical profession that drove the immunization rate WAY down by "scientifically" addicting America to bottlefeeding is mysteriously missing an opportunity to drive the immunization rate way back up! In addition to committing mass PHYSICAL child abuse (senselessly closing birth canals, etc.)... Organized medicine is committing mass IMMUNOLOGIC child abuse! See CDC puppet (Wexler's IAC) promotes Exclusion Day vaccination fraud... http://groups.yahoo.com/group/chiro-list/message/2170 NOTE: I am NOT opposed to vaccination. I am ADAMANTLY IN FAVOR of vaccination - as long as parents are informed of the risks and offered TRUE CHOICE. PS2 Since some people are still reading... : ) Here's my PS to Wang et al...it concerns my PASSION...ending The Great Squat Robbery... The only thing crazier than MDs closing birth canals up to 30% is The Great Squat Robbery - Western culture robbing children of a fundamental human rest posture that can double for girls - if it is not robbed - as a fundamental DELIVERY posture - one that OPENS the birth canal up to 30%... NOTE: Women do NOT have to squat to open their birth canals the "extra" up to 30%. Side-lying will do. So will standing. So will kneeling. So will hands-and-knees... Ask an experienced homebirth midwife. Regarding The Great Squat Robbery... When Eve-Line Boule, chercheur associé at CÉPAM wrote: "[S]quatting was a regular behavior used until the end of the Middle Ages, and after this period a progressive decrease occurs..." [Am J Phys Anthropol 2001 May;115(1):50-6] I replied: The Great Squat Robbery that started in the Middle Ages starts anew in elementary schools every year! My passion - working to stop the Great Squat Robbery - happens to intersect with my PRIORITY mentioned above: stopping MDs from closing birth canals... The Great Squat Robbery was, in effect, used by obstetricians (Gardosi et al.) to "explain" routine closure of birth canals up to 30%! BIZARRE FACTOID: Nobody squatted in Gardosi et al's 1989 Lancet "randomised controlled trial of squatting." WHY are we letting our culture rob our children of an innate rest posture as MDs (Gardosi et al.) use this robbery as an excuse for *another* robbery that is totally senseless? See Sarah Key's huge balls (also: Kids can SQUAT motionless for hours)... http://groups.yahoo.com/group/chiro-list/message/2084 END Gastaldo's PS to Wang et al. Thanks for reading, everyone, Sincerely, Todd Dr. Gastaldo Copied to: ACA Chairman James Edwards, DC at Copied also to: ACA Member Brian Zaleski, DC at . Brian, please copy this to the censored version of chirolist ) and to the ACA and CCA listservs ***This Open Letter will be instantly archived for global access on the UNcensored version of chirolist... http://groups.yahoo.com/group/chiro-list/message/2181 Within 24 hours it will be in the google archive. Search http://groups.google.com for "Medicine: 'reasonable' does not mean 'mainstream' (Max Mehlman, JD)" |
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